Avoid landing in social media’s hot water

The City Times spoke to social media law expert Louiza Antoniades, from De Jager, Kruger and Van Blerk, in Springs, and she provided the following tips on the dos and don’ts on social media:

•  What is expected of a person who has an account on Facebook, Twitter, Instagram, etc?

When someone opens an account on one of the above social media networks, they need to ensure that they set up their privacy settings.

Make sure a limited number of people are able to view your profile, i.e. your friends or close friends on social media.

On Facebook and Instagram, you can put your settings on private.

That way, in order for someone to follow you, a request has to be sent to you and you can then decide to accept or decline the request.

Twitter, however, is more open than other apps and one should be very careful about what you say on the platform, as it is public and followed by many.

•  Of what should people be aware when posting on social media?

People on these social networks need to be careful what they post, as posts may be used against them and result in legal action being instituted.

People should keep their posts limited and watch which photos they upload – not only of themselves, but of others as well.

Defamatory remarks must be avoided at all times.

Remember: social networking sites spread much faster than word of mouth.

Treat the Internet as a billboard on a busy highway.

Post only what you are willing to show everyone and will not be ashamed of after publication.

•  How can a person be held liable for their posts?

You can post anything you wish, as you do have the right to freedom of expression, as stipulated in the constitution, however, this must be done within reason.

One may not post hate speech, incite others or provoke others, or make defamatory remarks or remarks that will ruin someone’s good reputation.

Should anyone do any of the above, there will often be legal consequences.

Sharing a post of someone else that is in contravention with the constitution will result in the person who shared the comment being liable. as well as the author thereof.

•  Do companies have the right to take action against their employees who post inappropriate content on social media?

Yes.

Companies do have the right to take legal action against employees who post inappropriate content on social media.

Where an employee makes defamatory remarks about an employer or another employee, they may face grave consequences.

If someone sees that content, regardless of whether it was during working hours or not, they will still be liable.

A company may either hold a disciplinary enquiry, or the employee may be dismissed for having posted such content.

If the remarks put the company’s name in disrepute, they may institute a civil claim.

•  What are the steps that can be taken to make sure offensive content is not posted?

Think, think and think again.

Do not share an article without first reading it properly.

This will limit you from making a very stupid and costly mistake.

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